Norma relacionada
Viet Nam
Practice Relating to Rule 99. Deprivation of Liberty
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 10. Sustainment of bodily integrity
Every person is entitled to inviolability of the physical body. No person is arrested without a Court’s warrant or Procuracy’s decision or approval, except for acts in flagrante.
Article 109. Preventive measures
1. Competent procedural authorities and persons within their powers can implement measures of emergency custody, arrest, temporary detainment, detention, bail, surety, residential confinement, exit restriction, in order to preclude crime, to prevent accused persons from evidently obstructing investigations, prosecution, adjudication or from committing other crimes, or to assure the enforcement of sentences.
2. The apprehension of persons refers to emergency custody, arrest of perpetrators of crimes in flagrante or wanted fugitives, capture of suspects and defendants for detention, and arrest of persons for extradition.
Article 110. Emergency custody
1. Emergency custody of a person is permitted in one of the following [situations]:
a) There [is] substantial evidence[] that such person is going to commit a horrific or extremely severe felony;
b) The accomplice committing the crime, or the perpetrator of the crime, who was identified by the crime victim or a person at the crime scene, must be [prevented] from escap[ing];
c) A person carrying criminal traces or a suspect whose residence, workplace or tools contain criminal traces must be [prevented] promptly from escaping or disposing [of] evidence[].
Article 117. Temporary detainment
1. Temporary detainment may apply to persons held in emergency custody or arrested against crimes in flagrante, malefactors confessing or surrendering or persons arrested as per wanted notices. 
Viet Nam, Criminal Procedure Code, 2015, Articles 10, 109–110(1)(a)–(c) and 117(1).
In 2015, in a statement before the UN Security Council during an open debate on children and armed conflict, made on behalf of the Association of Southeast Asian Nations (ASEAN), the permanent representative of Viet Nam stated:
ASEAN … remains deeply concerned about the fact that growing number[s] of children continue to be affected by grave violations in armed conflicts, including killing and sexual violence. We particularly condemn the increasing cases of abduction of children and attacks targeting schools and hospitals. It is all the more alarming as we are witnessing the rise of complex and well-organised non-state armed groups that have total disregard for international law, especially in certain regions in the Middle East and Africa.
We urge States, United Nations entities with their respective mandates, relevant international and regional organizations and other stakeholders to redouble their efforts to address, with added vigour, these new challenges posed by violent non-state armed groups. 
Viet Nam, Statement by the permanent representative of Viet Nam before the UN Security Council during an open debate on children and armed conflict, made on behalf of the Association of Southeast Asian Nations, namely Brunei Darussalam, Cambodia, Indonesia, the Lao People’s Democratic Republic, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam, 25 March 2015, p. 1.
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 10. Sustainment of bodily integrity
Emergency custody, arrest, temporary detainment or detention must abide by this Law.
Article 58. Persons held in emergency custody and arrestees
1. Persons held in emergency custody or arrested for criminal acts in flagrante and wanted notices are entitled to:
a) Hear and obtain the warrants of emergency custody, emergency arrest, written approvals of emergency custody and wanted notices;
Article 110. Emergency custody
1. Emergency custody of a person is permitted in one of the following [situations]:
a) There [is] substantial evidence[] that such person is going to commit a horrific or extremely severe felony;
b) The accomplice committing the crime, or the perpetrator of the crime, who was identified by the crime victim or a person at the crime scene, must be [prevented] from escap[ing];
c) A person carrying criminal traces or a suspect whose residence, workplace or tools contain criminal traces must be [prevented] promptly from escaping or disposing [of] evidence[].
2. The following individuals are entitled to issue an order of emergency custody:
a) Head and vice heads of investigation authorities;
b) Heads of independent units at regiment level and equivalent ones, commanding officers of border protection posts; commanders of border protection units at border gates, captains of border protection units in provinces and centrally-affiliated cities, heads of border reconnaissance departments and drug and crime departments of the border protection force, heads of special services against drug and crime of the border protection force; zone commanders of maritime police force, heads of specialized and legal departments of the maritime police force[;] heads of special service[s] of drug enforcement of the maritime police force; heads of zonal bureaus of fisheries resources surveillances;
c) Commanding pilots and captains of aircrafts and ships leaving airports or sea ports.
3. The order for emergency custody must specify full name and address of the detainee, reason and grounds for detainment … The enforcement of a[n] emergency custody order must abide by Section 2, Article 113 of this Law.
4. Upon holding persons in emergency custody or taking in emergency detainees, investigation authorities and units assigned to investigate, within 12 hours, must take statements promptly, and individuals as stated in Point a and Point b, Section 2 of this Article must issue a temporary detainment order, arrest warrant and discharge order on the detainee. The emergency custody order and relevant documents must be delivered promptly to the equivalent Procuracy or competent ones for ratification.
Individuals as per Point c, Section 2 of this Article, after holding persons in emergency custody, must deliver by force detainees and bring emergency custody documents to investigation authorities adjacent to the first airport or sea port where the airplane or ship lands or docks, when returning.
Upon taking in detainees, investigation authorities must take statements promptly within 12 hours, and individuals as per Point a, Section 2 of this Article must issue a temporary detainment order, arrest warrant or release order on the emergency detainee. The emergency custody order and relevant documents must be delivered to the equivalent Procuracy for approval.
The emergency custody order must specify full name and address of the detainee, reason and grounds for detainment …
Article 113. Apprehension of suspects and defendants for detention
2. The arrest warrant and written approval of the arrest warrant must specify full name and address of the arrestee, reasons and other details …
Enforcers of an arrest warrant must read out the warrant, explain its content, arrestee’s duties and rights, make written record of the arrest, and give the warrant to the arrestee.
The apprehension of a person at his place of residence must be witnessed by a representative of communal, ward or town authorities and other individuals. The apprehension of a person at his place of work or education must be witnessed by a representative of the place of work or education. The apprehension of a person at other places must be witnessed by a representative of communal, ward or town authorities.
3. Apprehension must not occur at night, except for criminals in flagrante or wanted persons.
Article 117. Temporary detainment
2. …
A decision on temporary detainment must specify full name and address of the person on temporary detainment, reason, time, starting and final date of temporary detainment …
4. The individual issuing the decision on temporary detainment, [with]in 12 hours [of] making such decision, must send the decision and supporting documents to the equivalent Procuracy or a competent Procuracy. 
Viet Nam, Criminal Procedure Code, 2015, Articles 10, 58(1)(a), 110(1)–(4), 113(2)–(3) and 117(2) and(4).
Viet Nam’s Criminal Procedure Code (2003) states that persons held in custody have certain rights, including: “To be informed of the reasons for their custody”. 
Viet Nam, Criminal Procedure Code, 2003, § 48.2(a).
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 58. Persons held in emergency custody and arrestees
1. Persons held in emergency custody or arrested for criminal acts in flagrante and wanted notices are entitled to:
a) Hear and obtain the warrants of emergency custody, emergency arrest, written approvals of emergency custody and wanted notices;
b) Be informed of reasons of their temporary detainment and arrest …
Article 59. Temporary detainees
2. Temporary detainees are entitled to:
a) Be informed of reasons, obtain decisions and written extension of temporary detainment, written approvals of temporary detainment and other decisions of legal procedure according to this Law …
Article 115. Written records of emergency custody and arrest
1. Enforcers of detainment orders or arrest warrants must execute all matters in writing.
The record shall be read out to the detainee or arrestee and the witnesses. The detainee, arrestee, enforcers of the detainment order or arrest warrant and witnesses must affix signatures onto the record. If a person as stated above has different opinions or disagrees with the record, he is permitted to enter such opinions or disagreement into the record and affix signature below.
Article 117. Temporary detainment
2. …
… The decision on temporary detainment must be given to the person on temporary detainment.
3. Enforcers of decisions on temporary detainment must inform persons on temporary detainment and explain their duties and rights[.]  
Viet Nam, Criminal Procedure Code, 2015, Articles 58(1)(a)–(b), 59(2)(a), 115(1) and 117(2)–(3).
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 110. Emergency custody
1. Emergency custody of a person is permitted in one of the following events:
a) There [is] substantial evidence[] that such person is going to commit a horrific or extremely severe felony;
b) The accomplice committing the crime, or the perpetrator of the crime, who was identified by the crime victim or a person at the crime scene, must be [prevented] from escap[ing];
c) A person carrying criminal traces or a suspect whose residence, workplace or tools contain criminal traces must be [prevented] promptly from escaping or disposing [of] evidence[].
2. The following individuals are entitled to issue an order of emergency custody:
a) Head and vice heads of investigation authorities;
b) Heads of independent units at regiment level and equivalent ones, commanding officers of border protection posts; commanders of border protection units at border gates, captains of border protection units in provinces and centrally-affiliated cities, heads of border reconnaissance departments and drug and crime departments of the border protection force, heads of special services against drug and crime of the border protection force; zone commanders of maritime police force, heads of specialized and legal departments of the maritime police force[;] heads of special service of drug enforcement of the maritime police force; heads of zonal bureaus of fisheries resources surveillances;
...
4. Upon holding persons in emergency custody or taking in emergency detainees, investigation authorities and units assigned to investigate, within 12 hours, must take statements promptly, and individuals as stated in Point a and Point b, Section 2 of this Article must issue a temporary detainment order, arrest warrant and discharge order on the detainee. The emergency custody order and relevant documents must be delivered promptly to the equivalent Procuracy or competent ones for ratification.
Upon taking in detainees, investigation authorities must take statements promptly within 12 hours, and individuals as per Point a, Section 2 of this Article must issue a temporary detainment order, arrest warrant or release order on the emergency detainee. The emergency custody order and relevant documents must be delivered to the equivalent Procuracy for approval.
6. The [P]rocuracy must strictly administer the grounds for detainment as per Section 1 of this Article. The procurator, if necessary, shall meet the emergency detainee before approving or denying the order for emergency custody. The written record of the emergency detainee’s deposition, as made by the procurator, must be retained in the case file.
Upon receiving the written request for approval of [the] emergency custody order, the Procuracy must decide to approve or deny such order in 12 hours. If [t]he [P]rocuracy denies the emergency custody order, the individual making such order and investigation authority taking in the detainee must immediately discharge the detainee. 
Viet Nam, Criminal Procedure Code, 2015, Article 110(1), (2)(a)–(b), (4) and (6).
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 110. Emergency custody
1. Emergency custody of a person is permitted in one of the following [situations]:
a) There [is] substantial evidence[] that such person is going to commit a horrific or extremely severe felony;
b) The accomplice committing the crime, or the perpetrator of the crime, who was identified by the crime victim or a person at the crime scene, must be [prevented] from escap[ing];
c) A person carrying criminal traces or a suspect whose residence, workplace or tools contain criminal traces must be [prevented] promptly from escaping or disposing [of] evidence.
2. The following individuals are entitled to issue an order of emergency custody:
a) Head and vice heads of investigation authorities;
b) Heads of independent units at regiment level and equivalent ones, commanding officers of border protection posts; commanders of border protection units at border gates, captains of border protection units in provinces and centrally-affiliated cities, heads of border reconnaissance departments and drug and crime departments of the border protection force, heads of special services against drug and crime of the border protection force; zone commanders of maritime police force, heads of specialized and legal departments of the maritime police force[;] heads of special service of drug enforcement of the maritime police force; heads of zonal bureaus of fisheries resources surveillances;
...
4. Upon holding persons in emergency custody or taking in emergency detainees, investigation authorities and units assigned to investigate, within 12 hours, must take statements promptly, and individuals as stated in Point a and Point b, Section 2 of this Article must issue a temporary detainment order, arrest warrant and discharge order on the detainee. The emergency custody order and relevant documents must be delivered promptly to the equivalent Procuracy or competent ones for ratification.
Upon taking in detainees, investigation authorities must take statements promptly within 12 hours, and individuals as per Point a, Section 2 of this Article must issue a temporary detainment order, arrest warrant or release order on the emergency detainee. The emergency custody order and relevant documents must be delivered to the equivalent Procuracy for approval.
6. The [P]rocuracy must strictly administer the grounds for detainment as per Section 1 of this Article. The procurator, if necessary, shall meet the emergency detainee before approving or denying the order for emergency custody. The written record of the emergency detainee’s deposition, as made by the procurator, must be retained in the case file.
Upon receiving the written request for approval of [the] emergency custody order, the Procuracy must decide to approve or deny such order in 12 hours. If [t]he [P]rocuracy denies the emergency custody order, the individual making such order and investigation authority taking in the detainee must immediately discharge the detainee.
Article 114. Essential actions upon emergency custody, arrest or intake of arrestees and detainees
1. Upon holding a person in emergency custody, arresting persons or taking in arrestees and detainees, investigation authorities and units assigned to investigate must take statements promptly and, within 12 hours, make decisions on temporary detainment or discharge of the arrestee.
Article 117. Temporary detainment
4. The individual issuing the decision on temporary detainment, [with]in 12 hours [of] making such decision, must send the decision and supporting documents to the equivalent Procuracy or a competent Procuracy. If the temporary detainment is found [to be] unjustified or unnecessary, the Procuracy issues a decision on annulling the decision on temporary detainment. The individual issuing the decision on temporary detainment must immediately discharge the person on temporary detainment. 
Viet Nam, Criminal Procedure Code, 2015, Articles 110(1), (2)(a)–(b), (4) and (6), 114(1) and 117(4).